GENERAL ZONING REGULATIONS

Memphis Charter art. 21

in effect

Memphis Charter, art. 21, § 137 Authority to restrict location of trades, industries and buildings and divide City into use districts.

Sec. 137. - Authority to restrict location of trades, industries and buildings and divide City into use districts. The legislative body of all municipalities having a population in excess of one hundred and sixty thousand (160,000) inhabitants by the Federal Census of 1920, or by any subsequent Federal Census, may regulate and restrict, by ordinance, the location of trades and industries and the location of buildings, designed for specified uses, and for said purposes, divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this section. (Priv. Acts 1921, ch. 165, § 1)

Memphis Charter, art. 21, § 138 Use district regulations.

Sec. 138. - Use district regulations. For each of such districts, regulations may be imposed by ordinance, designating the uses for which buildings may or may not be erected or altered, and designating the trades and industries that shall be excluded or subjected to special regulations. Such regulations shall be in accordance with a place [plan] designed to lessen congestion on the public streets, to promote the public health, safety, convenience and general welfare, and shall be made with reasonable consideration, among other things, to the character of the district, its peculiar suitability for particular uses, the conservation of property values, and the direction of building development. (Priv. Acts 1921, ch. 165, § 1)

Memphis Charter, art. 21, § 139 Height and area regulations and districts.

Sec. 139. - Height and area regulations and districts. Such legislative body may regulate by ordinance and limit the height and bulk of buildings hereafter erected or altered, and regulate and determine the percentage of land area to be devoted to yards, courts and other open spaces, and for said purposes divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this section. Such regulations shall be uniform for each class of buildings throughout each district, but the regulations in one or more districts may differ from those in other districts. Such regulations shall be designed to lessen congestion on the public streets, to secure safety from fires and other dangers, to promote the public health and welfare, including provisions for adequate light, air and convenience of access, and shall be made with reasonable regard to the character of buildings erected in each district, the value of land and the use to which it may be put, to the end that such regulations will promote the public health, safety and welfare, the most desirable use for which the land of each district may be adapted, and tend to conserve the value of the building and to stabilize the value of land throughout such districts. Any ordinance, map, or plan of the City adopted pursuant hereto may combine the designation of the districts authorized prescribing the height and bulk of buildings and the area devoted to yards, courts and other open spaces with the designation of the districts authorized prescribing the location of trades and industries and the location of buildings designed for specific purposes. (Priv. Acts 1921, ch. 165, § 2; Priv. Acts 1953, ch. 286, § 1)

Memphis Charter, art. 21, § 140 Limitation on number of occupants for dwelling and tenement houses.

Sec. 140. - Limitation on number of occupants for dwelling and tenement houses. The legislative body of such municipalities may, by ordinance, limit and restrict the maximum number of families which may be housed in dwellings or tenement houses hereafter erected or altered, and for said purposes divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this section. The regulations adopted for one or more districts may differ from those adopted for other districts. Such regulations shall be designed to limit the overcrowding of land and to avoid undue congestion of population, to facilitate adequate provision of transit, water, sewage disposal, education, recreation and other public requirements, and to promote the public health, morals, safety, convenience and general welfare. (Priv. Acts 1921, ch. 165, § 3)

Memphis Charter, art. 21, § 141 Planning Commission to recommend boundaries; reports; public hearings.

Sec. 141. - Planning Commission to recommend boundaries; reports; public hearings. In a municipality having a City Planning Commission appointed pursuant to a statute or local charter or ordinance, the legislative body shall require such Commission to recommend the boundaries or [of] districts and appropriate regulations to be enforced therein. Such Commission shall make a tentative report and hold public hearings thereon, at such times and places and upon such notice as said legislative body shall require, before submitting its final report. The legislative body shall not determine the boundaries of any district, nor impose any regulations, until after the final report of such City Planning Commission. (Priv. Acts 1921, ch. 165, § 4)

Memphis Charter, art. 21, § 142 Amendment of boundaries or regulations.

Sec. 142. - Amendment of boundaries or regulations. After such final report is submitted to the legislative body, and final adoption of regulations by ordinance, the legislative body may, from time to time, amend, supplement or change by ordinance the boundaries or regulations so adopted. Notice of the adoption of such amendment, supplement or change in the ordinance shall be given by publishing such notice three (3) times in some daily newspaper of general circulation in such municipality. Such notice shall state the time and place, not earlier than ten days from the last date of publication, at which the legislative body of such municipality shall meet to hear remonstrances or protests against the making of such amendment, supplement or change. At the time and place thus appointed, the legislative body shall meet, and all persons whose property will be affected by such amendment, supplement or change may appear in person or by attorney or by petition, and protest against making of such amendment, supplement or change, and after hearing such protests, if any, said legislative body may confirm, modify or rescind such ordinance in whole or in part. If, however, a protest against such amendment, supplement or change be presented in writing to the Comptroller within ten days from date of last publication, duly signed and acknowledged by the owners of 20 percent or more of any frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately in the rear thereof, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, such amendment, supplement or change shall not be passed except by a two-thirds vote of the legislative body. (Priv. Acts 1921, ch. 165, § 4; Ord. No. 2034, § 1, 4-30-1974)

Memphis Charter, art. 21, § 143 Board of adjustment—Appointment; authority to vary regulations and restrictions.

Sec. 143. - Board of adjustment—Appointment; authority to vary regulations and restrictions. Such local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this Act may provide that the said board of adjustment may determine and vary their application in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Where a City Plan Commission already exists, the board of adjustment may be appointed partially or entirely from its membership. (Priv. Acts 1921, ch. 165, § 5; Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 144 Same—Composition; terms of members; removal; vacancies; Chairman.

Sec. 144. - Same—Composition; terms of members; removal; vacancies; Chairman. The board of adjustment shall consist of seven members. The membership of the first board appointed shall serve, respectively, three for one year, two for two years, and two for three years. Thereafter all members shall be appointed for terms of three years each. All members shall be removable for cause by the appointing authority upon written charges and after hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own Chairman, who shall serve for one year. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 145 Same—Adoption of rules; meetings; authority of Chairman to administer oaths and compel attendance of witnesses; minutes and records.

Sec. 145. - Same—Adoption of rules; meetings; authority of Chairman to administer oaths and compel attendance of witnesses; minutes and records. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act. Meetings of the board shall be held at the call of the Chairman and at such other times as the board may determine, and/or at such times as may be fixed in the ordinance providing for the appointment of such board. Such Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failure to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 145.1 Same—Absence of member from meeting, etc.

Sec. 145.1. - Same—Absence of member from meeting, etc. In case of the absence of any member of the board of adjustment from any meeting, or the failure of any member to serve at any meeting or in any capacity in which he is required by law to serve whether on account of illness, incapacity, absence from the City or unwillingness to serve or other cause, the Mayor may appoint some person possessing the qualifications required of regular members as a special member to act in the stead of such regular member. Such appointment shall be in writing and shall be copied on the minutes of the board of adjustment. The period for which such special appointment is made shall be stated in the written appointment but may be indefinite, pending the happening of some event. (Priv. Acts 1953, ch. 289, § 1)

Memphis Charter, art. 21, § 146 Same—Appeals to board generally.

Sec. 146. - Same—Appeals to board generally. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within five days, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 147 Same—Effect of appeal; hearing to be within reasonable time.

Sec. 147. - Same—Effect of appeal; hearing to be within reasonable time. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, and decide the same within a reasonable time. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 148 Same—Powers; quorum, etc.

Sec. 148. - Same—Powers; quorum, etc. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision or refusal made by the Municipal Building Commissioner or any other administrative official in the carrying out or enforcement of any provision of any ordinance enacted pursuant to this Act. (2) To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass. (3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Act would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance. In exercising the above mentioned powers, such board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Four members of the board shall constitute a quorum and such quorum may consist wholly or in part of special members. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to affect any variation in such ordinances. (Priv. Acts 1925, ch. 428, § 1; Priv. Acts 1953, ch. 289, § 2; Priv. Acts 1955, ch. 142, § 1)

Memphis Charter, art. 21, § 149 Same—Certiorari to circuit court from decision of board—Generally.

Sec. 149. - Same—Certiorari to circuit court from decision of board—Generally. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board or bureau of the municipality, may present to the circuit court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 150 Same—Same—Powers of circuit court.

Sec. 150. - Same—Same—Powers of circuit court. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay the proceedings upon the decision appealed from, but the court may, on application, on notice of the board and on due cause shown, grant a restraining order, or supersedeas. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 151 Same—Same—Original papers need not be returned.

Sec. 151. - Same—Same—Original papers need not be returned. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 152 Same—Same—Courts may hear additional evidence; authority of court as to decision.

Sec. 152. - Same—Same—Courts may hear additional evidence; authority of court as to decision. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 153 Same—Same—Cases to have preference.

Sec. 153. - Same—Same—Cases to have preference. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. (Priv. Acts 1925, ch. 428, § 1)

Memphis Charter, art. 21, § 154 Authority of City to institute proceedings to prevent unlawful erection, construction, etc.

Sec. 154. - Authority of City to institute proceedings to prevent unlawful erection, construction, etc. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. (Priv. Acts 1925, ch. 428, § 2)

Memphis Charter, art. 21, § 155 Conflicting regulations.

Sec. 155. - Conflicting regulations. Wherever the provisions of any ordinance or regulation adopted by the legislative body under the provisions of this Act impose requirements for lower height of buildings or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than imposed or required by existing provisions of law or ordinance, the provision of this Act shall govern. Where, however, the provisions of the building code or other ordinance or regulation of any municipality impose requirements for lower height of buildings, or less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by any ordinance or regulation which may be adopted by the legislative body under the provisions of this Act, the provision of said building code or other ordinance or regulation shall govern. (Priv. Acts 1921, ch. 165, § 6)

Memphis Charter, art. 21, § 156 Nonconforming uses.

Sec. 156. - Nonconforming uses. The lawful use of a building existing at the time of adoption of an ordinance under the provisions of this Act, although such use does not conform to the provisions of such ordinance, may be extended throughout the building, provided no structural alterations except those required by law and ordinance are made therein. Where no structural alterations are made in a building of a nonconforming use, such use may be changed to a use of a similar or higher classification, according to the provisions of ordinances and regulations adopted under the authority of this Act. The lawful use of a premises existing at the time of adoption of an ordinance under the provisions of this Act, although such use does not conform to the provisions of such ordinance, may be continued; but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with provisions of ordinances and regulations adopted under the authority of this Act. Where structural alterations are made in a building of nonconforming use, such building shall be changed in conformity with the provisions of ordinances and regulations adopted under the authority of this Act, for the district in which such building is located. When the boundary line of any use district divides a parcel of ground in common ownership, at the time of the adoption of the ordinance, under the provisions of this Act, nothing herein shall be construed to prevent the extension of the use existing on either portion of such parcel of ground, to the entire parcel, but for a distance of not greater than twenty-five (25) feet. Nothing in this Act shall be taken to prevent: (a) The erection of a building for which a permit shall have been issued previous to the passage of an ordinance under the provisions of this Act; (b) The restoration of a building destroyed to the extent of not more than 75 percent of its reasonable value, by fire, explosion, an act of God or the public enemy, and the occupancy or use of such building or part thereof, if such use existed at the time of such partial destruction; (c) The restoration of a wall declared unsafe by the building inspector. (Priv. Acts 1921, ch. 165, § 7)

Memphis Charter, art. 21, § 157 Planned unit developments.

Sec. 157. - Planned unit developments. The council may by ordinance provide for approval of planned developments on parcels of land in which the heights, areas, densities, uses and such other items applicable and pertinent to said development, may be as set out on a recordable plat although they may not be uniform with those in the district in which located. Such a plan shall first be submitted to and a recommendation made by the Planning Commission. Such plats shall show the street and road patterns, dedications, if any, setbacks, heights, density, uses, building separation, open areas, screenings, and such other items applicable and pertinent to said development, as proposed by the applicant and their conformity with standards set by the Planning Commission, as approved by the council so as to carry out the intention of the zoning ordinance and preserve the character of the neighborhood. Upon approval and enactment by the council, such conditions shall be binding upon the applicant/owner until relieved by amendment or repeal. Building permits may be issued in accordance with the approved plan even though more than one structure is to be located thereon. (Ord. No. 2061, § 1, 5-28-1974)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART21GEZOREFetched: 10/28/2026